Heard Sri Ashish Agarwal, learned counsel for the petitioner and Sri Rajesh Tewari, the learned counsel has put in appearance on behalf of respondent Nos. 1 and 2.
As per learned counsel for the petitioner, its' establishment is not covered under the Employee State Insurance Act, as it does not fall within the parameter of the Act. The petitioner's firm is a small unit carrying out business of job work and it is not a large scale of factory or industry. If the petitioner is declared as a covered industry having financial liability shall be unnecessarily fastened on the petitioner.
Learned counsel for the petitioner submits that the writ petition is premature and under challenge is the show cause notice dated 26/27.5.2010. He may put submission before the Deputy Director wherein 23.6.2010 has been fixed for this purpose.
Learned counsel for the petitioner submitted that this date may be extended as there is a limited time left for filing objection.
In view of the above, the writ petition is finally disposed of with the observations that the Deputy Director shall allow one month's more time to enable him to submit his objection. After receiving objection, the matter shall be dealt with in accordance with law and orders shall be passed.
Till the disposal of the case before the Deputy Director, no recovery shall be made from the petitioner.
Order Date :- 17.6.2010 SFH